Sales and related accessories

 
- The Shariaa Commission decided that the bank may not add transportation and examination  fees on the cost of the goods, but the bank may consider adding those expenses and fees when calculating profit which was agreed upon with the client .

- The Commission decided the inadmissibility of any deferred financing process on Murabaha on gold and silver coins, but may process Murabaha on diamond, platinum and precious  stones only.
- The Bank may finance car  registration expenses, and all taxes due, depending on the financing of the car, and add to the total price, but financing car registration and taxes due on it expenses is not permissible.- The Bank may pay the tax if the mortgage depending on the sale price and adds them to the total.


- Question: Industrial Bank undertakes to finance industrial loans after importing the machines by the client. Is it permissible for the industrial bank to ask Cham Bank  to import those machines through Murabaha, then the industrial bank  pays the price to Cham Bank from the usury loan taken from the Industrial Bank after the client possess the goods  provided that the basic approval from the Industrial Bank will be used as a guarantee?

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- Fatwa: It is permissible for
Cham Bank to finance the Idustrial bank if they desire to import machines through Murabaha sale, even if the price paid by the Industrial Bank for Cham Bank  taken from a loan t from the Industrial Bank, because Cham Bank does not enter into the process of the forbidden borrowing, and because the price that he takes possession of the bank changed hands to pay, and changed hand is like changing the cause of possession. The Bank may sell the car Murabaha for two or more among is an Amlak (possessions) company and no restriction of registering it with transportation department in one of the partners name that is trusted.  

- the client may not be promised to deduct his debit amount on early repayment, but may deduct on early repayment if it was not a condition of compliance, and its for the bank management to choose the deduction or not.
- The client may not be authorized to contract on behalf of the bank, to avoid phony Murabaha and there is no objection of issuance of the price quotation in the Bank's name and the client on condition that the client name will not be written in purchase contract from the supplier, , because it is foreign to the contract.
- The Mudayana contract like the Murabaha may specifies on debtor complacence when    procrastination by giving charity an amount or a percentage, provided that it is spent distract it in the faces of the
Righteousness

in coordination with the Sharia Supervisory Board of the institution.
- The bank has the right to earn on his favor all actual expenses incurred on the claim and collection in the event
procrastination of the debtor, that is the expenses paid to others.
- The Bank shall not take from the client correlation commission, because the correlation commission then be for the right to contract, and the right of contracting is the will, which is not subject to term debit, it is not permissible for the bank to take a fee for granting credit facilities because those fees are for the bank's readiness to customer borrowing on credit , which is not subject to term debit.
- The bank is not entitled to add to the cost of the commodity except the actual expenses paid to others, and the bank may not add to the price to the work of the bank's staff
- Real estate  registration may be financed in accordance Murabaha buy standing order
- The commercial invoice represents the effect of the purchase contract that is asking for the price, and therefore  the commercial invoice is not considered substitute for the purchase contract, but if the Bank signs agreements with the suppliers the general rights are kept of the parties, it can be seen as a bid directed by the supplier to the bank positively accepted by the bank and distributed with Contract
- The Bank may take serious sidelines of the client so that if the client customer after the approval of the funding it bears the actual damage caused to the bank, which represents the study of the credit file, and the expenses paid to others.
- The Bank shall not issue to the client the offer to sell prior to the purchase by the supplier signed by the parties to the contract (Bank A + B and the supplier) because the offer made by the bank before possession of the commodity is voided because of selling something before possession.
- The Bank may finance cosmetics because these products can be used in the Halal and can also be used in the Sacred and the sin is in the event of use haraam on the user.
- The reserve margin of seriousness when signing a promise to purchase.
- The Bank may finance real estate which contain endowment signs that the bank's management to take the pledge from the client to make raising the reference process and pay the fees due to this commitment to private property replacement law.
Question: Is it permissible for the bank to finanace the General Organization of Tobacco in the process of buying tobacco from the farmers?
Fatwa: is not permissible to finance tobacco because tobacco is harmful and is considered money malignant may not be sold and purchased, and what has proved to harm forbidden in Islamic law and in accordance with its purposes, which aims to save the human psyche and leave what leads to the depreciated and destroyed because it does not belong to man and he has a secured role on it.

Question: Please let us know the Shariaa ruling on a client financing process who owns more than a third in the supplier's company?.
Fatwa: It is not permissible to finance a client who owns more than a third of the supplier's company, because the image of the sample,  because the Bank bought from the client and sold the client with an increase and that is  image of the sample.

Question: Is the bank entitled to receive all actual expenses incurred on the claim and collection in case of delay in the debt, which is paid as expenses to the others, and the Question:
- Can you take a lump sum fee of all delinquent debtors, regardless of the amount of expenses spent on each owe?
Fatwa: It is not permissible to take a lump sum of everyone because the amount of intake rule is the actual paid expenses for the others and it varies from client to other and the extra difference between the requested and the actual expenses is an injustice to him unless the taken amount  is the minimum for the least cost.
Question: We have a clause in Murabaha contracts that the late payment of two consecutive installments requires all Murabaha installments to be due  but in corporate finance we have  a roof to be exploited by the client in more than one Murabaha. The question of whether the delay in the payment of two installments in Murabaha with the client  requires the remaining installments other with Murabaha maturity or each Murabaha is considered  independent due debit although the client signs the general conditions governing all his Murabahas at the beginning of his dealings with the bank,the administration issued resolution four:
Fatwa: Originaly the debit of each Murabaha is standalone, if the client delayed the payment of two installments in certain Murabaha consecutive installments become a case and does not affect the installments due for the rest of Murabhas unless otherwise agreed.
Question: Some individuals had bought houses on the diagrams, and paid part of house price, and they ask about the legitimacy formula that can deal through it with Cham Bank in the financing of housing, which had bought it, knowing that some of the houses not yet built, and some of the
houses are partially completed.
Fatwa: It is not permissible to finance houses purchased by individuals on  diagrams whether partially built on not built, unless the contract is terminated, then you may finance houses by Istisnaa contract.
Questions:
- 1. Is it permissible to agree early on reward ratio before you make the client repays all his debit, or require full debt repayment and then submit a request for the reward?
- 2. Should the client repays the full value of the debt or pays his debt, less the amount of the reward granted to him? .
- 3. Is it permissible to Make Offer reward to beneficiary clients from the finance, for example: a declaration: Who pays the full value of receivables during such a period gets a 50% deduction from the profits as well as settle him 50% of the profits?
- 4. Does the early repayment of the reward in full on the portfolio its depositors and shareholders or to shareholders only?
Fatwa:
- The Islamic Fiqh commission issued a decree
 regarding  the issue of Place and accelerate that is ((Alhteetah of deferred debt for acceleration whether on the creditor or debtor request "Put and accelerate" is legitimately permissible and do not enter in the forbidden usury if it is not based on a prior agreement, and as long as the relationship between the creditor the debtor is bilateral, if a third party entered then it is not legitimate because then it is referred as the commercial papers deduction, and therefore the commission decided in the subject of early repayment reward as follows:
1. No objection if the client submitted a request to the bank to settle part of the debt before or after the closure of the entire debt.
- 2. There is no difference between the early payment of the entire debit amount of the debt and given the discount, or that repayment of the principle debit minus the reward agreed on.
- 3. The Commission did not see an objection if the Bank made an offer to grant an early repayment of reward to all clients to encourage them to early repayment
- 4. As the portfolio deserves the profit and its depositors and shareholders, as well as the decisiveness is carried on depositors and shareholders on the same contribution to the portfolio ratio.


Question: The Bank may in bargaining sales get a discount from the supplier without reporting it to the customer, and the question: If there is such a discount, should the bank benefit from it as a commission  or must return it to the investment pot?
Fatwa: the discount obtained by the bank as a result of a previous agreement with suppliers is part of his duties as a speculator and so the pot is the beneficiary of this discount and not the bank, but that if the Bank has established a specialized department that makes agreements with the suppliers and the signing of agreements with them then the bank may benefit from this discount as an act outside the work of speculation.

Question: Is it permissible for the bank to finance taxes of Sales transfer of ownership of property or goods as a subordinate of sales finance?
Fatwa: Applicable to this question is the decision of the legitimate No. Supervisory Board (3/6 / H. SH/ 07), which provides as follows: ((the Bank may finance the car transfer registration expenses, and all taxes due, if that depending on the financing of the car, and added to the total price. As financing car transfer registration expenses and tax implications may not be financed as standalone)).
What applies to the car applies to property or goods with a note to the need to be financed by taxes exceed 30% of the value of the Sales financier.
Question: Is it permissible to promise the customer of the repayment reward in the event of early repayment?
Fatwa: The client may not be promised deduction  of an amount of the debit for early repayment, but may discount when early repayment if that is not the point of the condition and commitment, and the bank management may chose deduction or not.
Question: Is it permissible to collect a fee for converting the debt of a client to another client, since this process requires studying the new client and performing procedures were not in mind at the beginning of the funding?
Fatwa: Since the transfer of debt from a client to another client requires an effort not of the duties of the bank, it is permissible for the bank to take what represents the actual effort to convert the debt.
Question: What is the ruling on the debt to transfer  product through the debit remittance (the right remittance)?
Fatwa: The Sharia Supervisory Board had seen the proposed contract, and stressed that the right remittance is where a lender replace another lender. But if a debtor replaces another debtor then this is a debit remittance, and then amended on some of the contract terms, and approved the contract the right remittance, according to the version signed by the Commission and approved permissible to take a file study commission of this case, according to the approved slides in the bank.
Question: A new legitimate standard were issued form accounting and auditing body for Islamic Financial Institutions that permits taking the fees on the client's credit file study as a  separate service fee for the financing and enquiries? Does the Sharia Supervisory Board agrees to work on this principle, which violates an earlier decision not to take fees on the study of the credit file?
Fatwa: It is permissible for the bank to take a fee as a credit file study service fee separate from the financing and this study will be the property of the client.